Case law

Howell v. Evans

922 F.2d 712 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

Absent from the order was any discussion of what the clearly established law was at the time of Howell's death, an inquiry essential to a determination of immunity. … Generally Applicable Law 16 As stated above, Harlow established the test for qualified immunity.

Gray v. State

624 A.2d 479 · Supreme Judicial Court of Maine · May 11, 1993

On a motion by Levesque, the court dismissed the civil rights claim finding that Levesque did not violate any clearly established statutory or constitutional rights and therefore was en *482 titled to qualified immunity. … Malice or improper motive, alone, is not sufficient to defeat qualified immunity. Myers, 810 F.2d at 1457 . An official’s entitlement to qualified immunity is a legal, not a factual issue. Snell v.

Roger Gillispie v. Miami Twp., Ohio

18 F.4th 909 · Court of Appeals for the Sixth Circuit · Nov 30, 2021

“[T]he precise scope of our appellate jurisdiction on interlocutory appeal from a denial of qualified immunity is whether ‘the plaintiff’s version of facts demonstrates a violation of clearly established rights.’” … one and two of the qualified immunity inquiry.”

Doe v. Rector & Visitors of George Mason University

132 F. Supp. 3d 712 · District Court, E.D. Virginia · Sep 16, 2015

is that government officials sued in their personal capacities for violations of federal rights are entitled to qualified immunity if the right was not clearly established at the time of the violation. … It is equally clear, of course, that a “materially similar” set of facts is not necessary to establish law clearly for qualified immunity purposes. See Hope v.

Smith v. Lee

73 F.4th 376 · Court of Appeals for the Fifth Circuit · Jul 14, 2023

of clearly established law.” … Qualified immunity provides government officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Tyron Brown v. Lee Lucas

753 F.3d 606 · Court of Appeals for the Sixth Circuit · May 28, 2014

On this score, appellees are entitled to qualified immunity. Whatever rights appellants had to receive exculpatory evidence prior to entering their pleas was not clearly established. … in light of the clearly established constitutional rights.' ” Feathers v.

John H. Chambers v. Colorado Department of Corrections Margaret Heil, in Her Individual and Official Capacity

205 F.3d 1237 · Court of Appeals for the Tenth Circuit · Mar 7, 2000

Chambers insisted the sex was consensual, and the police evidently were unable to establish otherwise. … Because the state of the law was not established when these actions were taken, the prison officials named in this lawsuit are entitled to qualified immunity. Thus, Mr. Chambers’ claim for damages cannot be sustained.

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually and as Sheriff of Holmes County, Florida

919 F.2d 1531 · Court of Appeals for the Eleventh Circuit · Dec 27, 1990

The qualified immunity shield protects government officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The district court’s order denies summary judgment on qualified immunity as follows: Qualified Immunity.

Wright v. Department of Children and Family Services

District Court, N.D. Illinois · Oct 2, 2024

Bank Clothiers, Inc., 761 F.3d 732, 734–35 (7th Cir. 2014) 5 Defendants again assert that qualified immunity precludes Wright from proceeding on his § 1983 claim. … LeVan, 967 F.3d 584, 590 (7th Cir. 2020) (qualified immunity applies if the “well-pleaded allegations, taken as true, do not state a claim of violation of clearly established law”).

William Evans, Jr. v. Brian Krook

106 F.4th 790 · Court of Appeals for the Eighth Circuit · Jul 3, 2024

Krook moved for summary judgment based on qualified immunity. … In this interlocutory appeal, Krook challenges the order denying qualified immunity.

Hare v. City of Corinth, Miss.

949 F. Supp. 456 · District Court, N.D. Mississippi · Nov 22, 1996

The first step in the inquiry of the defendants’ claim of qualified immunity is whether the plaintiff has alleged the violation of a clearly established right. Siegert v. … Dec. 16, 1994). 1) Was the law clearly established?

WV Division of Corrections, Scott Patterson and Jason Walton v. P.R.

West Virginia Supreme Court · Nov 22, 2019

The parties disagree about whether Policy Directive 332.02 constitutes a “clearly established law” for purposes of defeating qualified immunity. … whether or not a right is clearly established, has resulted in the “conver[sion of] qualified immunity to near absolute immunity,” Rebalancing Harlow: A New Approach to Qualified Immunity in the Fourth Amendment, 68 Chase

Perry v. Woodruff County Sheriff Department ex rel. Barker

858 F.3d 1141 · Court of Appeals for the Eighth Circuit · Jun 5, 2017

Qualified immunity protects law enforcement officers from liability for civil damages so long as their'conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have … Accordingly, Pennycook does not control this case, and we conclude that Perry’s Fourth Amendment right to be free from excessive force was clearly established in August 2009 such that Wolfe was not entitled to qualified immunity

Karkut v. Target Corp.

453 F. Supp. 2d 874 · District Court, E.D. Pennsylvania · Sep 28, 2006

Qualified Immunity i. … If a court concludes that an officer’s conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity.” Id.

Binay v. Bettendorf

601 F.3d 640 · Court of Appeals for the Sixth Circuit · Apr 20, 2010

“Once the qualified immunity defense is raised, the burden is on the plaintiff to demonstrate that the officials are not entitled to qualified immunity.” Silberstein v. … Clearly Established Constitutional Right After determining that Plaintiffs have raised sufficient facts to support a Fourth Amendment violation, we next ask “whether the right was clearly established . . . in light

F. Buddie Contracting, Ltd. v. Cuyahoga Community College District

31 F. Supp. 2d 584 · District Court, N.D. Ohio · Oct 21, 1998

Qualified immunity shields government officials performing discretionary functions “from liability or civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Thus, it is clear that the existence of an authorizing state law does not alter the qualified immunity analysis.

Butler v. Dowling

750 So. 2d 674 · District Court of Appeal of Florida · Dec 22, 1999

There, the court held that the failure to loosen tight handcuffs did not rise to the level of a clearly established constitutional violation. … Dowling's version of the facts, if proven, would overcome the defense of qualified immunity. See Redo v. Sylvestri, 690 So.2d 731 (Fla. 4th DCA 1997).

Armengau v. Cline

7 F. App'x 336 · Court of Appeals for the Sixth Circuit · Mar 1, 2001

qualified immunity on an interlocutory appeal.” … In evaluating claims of qualified immunity under section 1983, we first determine whether a constitutional violation occurred and only then consider *346 whether the right violated was clearly established such that a reasonable

Akinnagbe v. City of New York

128 F. Supp. 3d 539 · District Court, E.D. New York · Sep 1, 2015

Qualified immunity is available if an officer’s conduct “does not violate clearly established constitutional rights of which a reasonable person would have been aware.” … is no clearly established right being violated.

Curro v. Watson

884 F. Supp. 708 · District Court, E.D. New York · Apr 28, 1995

If the law at the time of the alleged violation was clearly established, the defense of qualified immunity generally will fail, since a reasonably competent official should know the law governing his or her conduct. … Indeed, a violation of clearly established law will defeat qualified immunity. See Davis, 468 U.S. at 197 , 104 5. Ct. at 3020-21.